On the Ministry of Finance's Information Portal, a reader reflected confusion in applying regulations on recalculating land use fees according to Resolution 254/2025/QH15 and Decree 50/2026/ND-CP.
According to the situation mentioned, Mr. A has a land plot of 120 m2 of residential land and 100 m2 of agricultural land (mature trees).
In October 2025, Mr. A was allowed by competent authorities to convert the land use purpose of 100 m2 of agricultural land to residential land, while the residential land allocation limit in the locality is 180 m2.
By February 2026, Mr. A transferred the entire land plot to Mr. B.
Readers are wondering, in this case, if Mr. A submits a dossier requesting recalculation of land use fees for 100 m2 that has been converted according to the policy in Resolution 254 and Decree 50, will he be entitled to it or not?
At the same time, if Mr. A has transferred a part of the area to Mr. B, will the recalculation of land use fees be considered for the entire 100 m2 that has been converted or only for the remaining area of Mr. A?
Readers also asked whether Mr. B was related to Mr. A's application for policy benefits or not?
Answering this content, Base Tax 15 of Hanoi City cited Clause 10, Article 4 of Resolution 254/2025/QH15 dated December 11, 2025 of the National Assembly on transitional regulations for cases where households and individuals have been allowed by competent state agencies to change land use purposes.
According to regulations, in case from August 1, 2024 to before the date the Resolution takes effect, households and individuals have been decided to be allowed to change the land use purpose to residential land from garden land, pond land or agricultural land under regulations, they are handled according to transitional cases.
Specifically, if land use fees have not been paid according to the notice of the tax authority, the tax authority shall recalculate the amount of land use fees payable according to the provisions of the Resolution and adjust the notice of the amount of land use fees payable.
Land users must pay the late payment amount (if any) calculated on the amount recalculated according to the provisions of tax management law.
In case land use fees have been paid according to the notice of the tax authority, it is proposed that the tax authority recalculate land use fees according to regulations.
If there are many land plots allowed to change land use purposes, households and individuals are allowed to choose one land plot to apply the land use fee calculation policy according to regulations and must commit and be responsible for the content of the commitment.
In addition, Clause 3, Article 6 of Decree 50/2026/ND-CP stipulates the calculation of the number of land use purpose conversions, determination of residential land allocation limits and selection of land plots for policy application calculated from August 1, 2024.
At point d, clause 2, Article 12 of Decree 50/2026/ND-CP, the order and procedures for calculating or recalculating land use fees are specified, in which households and individuals must submit a written request for calculation or recalculation of land use fees no later than January 1, 2027 at the inter-agency one-stop shop. After this time, the calculation of land use fees according to the provisions of the Decree will not be applied.
The tax authority said that, based on the above regulations, it requests readers to compare the actual dossier with the provisions of law to implement the regulations correctly.
